Is a wife sinful if she does not communicate with her husband due to an oath of divorce sworn by her father against her mother? And does injustice befall the wife in this case of divorce?
The wife's father has no right to prevent her from communicating with her husband. She must obey her husband in what is good, even if her father forbids her. The wife's communication with her husband is not a sin; rather, she must return to him if he requests it, and she is not permitted to leave her husband's home or her father's home without his permission except out of necessity.
As for divorce due to her refusal to return, it is permissible if there is a need for it due to her bad character or if the purpose of the marriage is not being fulfilled, but it should only be resorted to after all means of reconciliation have failed.
The wife's father's oath not to communicate with you has been broken by her messaging you. If he broke his oath, the prevalent fatwa with us is that his wife's divorce occurs. This matter should be presented to scholars in your country to benefit from its details and differences of opinion.
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- Ftawy
- Original fatwa ID
- 160243
- Imported
- Translation status
- Source text, unreviewed
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